Rest and Meal Breaks in California

Calculating the proper amount of time to spend on rest and meal breaks can be complicated, but it is necessary for the employer and the employee to be aware of the various restrictions and requirements that California puts in place.

Read on to discover what you did not know about rest and meal breaks in California.

The Bare Bones Requirements

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes. There is an exception: If the total work period per day of the employee is no more than six hours, the meal period can be waived by mutual consent of both the employer and employee. A second meal period of not less than 30 minutes is required if an employee works more than 10 hours per day.

Exceptions for the Film Industry

In the motion picture industry, individuals may work no longer than six hours without a meal period of not less than 30 minutes nor more than one hour. Another meal period must occur no later than six hours after the end of the preceding meal period.

You are Still On-Duty

Unless your employer relieves you of all duty during your meal period, the meal period will be considered on-duty and is counted as hours worked that must therefore be compensated. An on-duty meal period works as follows: It is permitted only when the nature of the work prevents and employee from being relieved of all duty and when there is a written agreement between the employer and employee. If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid.

What About Rest Breaks?

California requires employers to provide employees with 10-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period. For example, an employee who works a seven-hour shift is entitled to two 10-minute rest breaks—one break for the first four hours, and a second break for the last three hours. Rest breaks must be at least 10 uninterrupted minutes. During the break, the employee must be off duty.

What can I do if My Rights Have Been Violated?

You have rights to these meal breaks and rest breaks. If they are being violated, you have some options. First, if your employer fails to provide the required meal period, you are supposed to be paid one hour of pay at your regular rate of compensation (this is referred to as meal period premium pay) for each workday that the meal period is not provided.

If your employer fails to pay the additional one-hour’s pay, you may file a wage claim with the Division of Labor Standards Enforcement.

Second, you can get professional legal assistance from an attorney who understands the law. If you are being denied your rights, seek counsel today.